ROBBERY LAWYER DAYTONA BEACH, FL
DEFENSE AGAINST ROBBERY CHARGES IN VOLUSIA COUNTY, FL
In Florida, robbery is a violent felony, and prosecutors approach it very seriously. A conviction could mean more than just potential jail time; it can affect every aspect of your future, including employment, housing, reputation, and rights.
That’s why it’s crucial to act quickly and strategically. The sooner you involve a skilled robbery defense lawyer, the better your chances of protecting your rights and building a strong case. At Hager & Schwartz, P.A., we understand the urgency and seriousness of robbery charges and don’t wait to start working on cases.
As former state prosecutors with over 50 years of combined experience, we approach every case from both perspectives of the courtroom. We understand how the prosecution builds its case—and, more importantly, how to identify its weaknesses. Our attorneys are approachable and communicative, you won’t feel left in the dark about what’s happening or what to expect next.
If you or a loved one faces robbery charges in Daytona Beach, contact us for a free consultation. We can provide the aggressive, personalized defense you need.
What Is Considered Robbery Under Florida Law?
Under Florida Statute § 812.13, robbery means taking money or property from another person with the intent to either permanently or temporarily deprive them of it, using force, violence, assault, or putting them in fear during the act. Essentially, it’s not just about taking property; it’s about how it’s taken.
How an item is taken is a key difference between theft and robbery. While both involve taking someone else’s property without permission, theft usually happens without direct confrontation. On the other hand, robbery involves intimidation or physical force, making it a more serious offense under Florida law.
To better understand the charge, it helps to break down some of the key legal terms:
- Force refers to any physical effort to overpower or prevent a victim from resisting.
- Violence involves actual physical harm or aggressive behavior during the incident.
- Threat means actions or words intended to place the victim in fear that force or violence will be used if they don’t comply.
For example, grabbing a purse from someone’s shoulder while pushing them to the ground could be considered robbery. Even if no weapon is involved, the use of force or inducing fear changes the nature of the offense.
Florida courts consider robbery a felony, and having a weapon—especially a firearm—can result in harsher penalties. That’s why it’s crucial to have experienced legal representation that understands the nuances of the charges and how to contest the prosecution’s claims about force or intent.
We use our background as former prosecutors to critically examine every element of the state’s case—from how “fear” was established to whether the alleged use of force meets the legal robbery threshold.
Types of Robbery Charges
Florida law recognizes various forms of robbery, each with strict penalties based on the details of the alleged crime. While all robbery charges involve unlawfully taking property through force or intimidation, the presence of a weapon or the location of the crime can escalate the severity of the charges.
Here are the primary types of robbery charges under Florida law:
Armed Robbery (with a Firearm or Deadly Weapon)
Armed robbery is the most severe form of robbery and is a first-degree felony. It involves using or carrying a weapon—such as a firearm, knife, or any other object capable of causing harm—during the commission of the robbery. Even if the weapon is not discharged or used to inflict injury, its presence alone can increase penalties, including long prison sentences.
Strong-Armed Robbery (No Weapon)
Also called robbery by sudden snatching or unarmed robbery, this offense happens when force, violence, or intimidation is used to take property without involving a weapon. Although it may seem less serious, strong-arm robbery is still a second-degree felony, and a conviction can lead to significant prison time, fines, and a permanent felony record.
Home Invasion Robbery
This charge applies when someone unlawfully enters another person’s dwelling with the intent to commit robbery inside. Because the offense involves invading someone’s private home—a place where people are presumed to feel safest—it is classified as a first-degree felony and often results in some of the strictest penalties under Florida’s criminal law.
Carjacking
Carjacking happens when someone uses force, threats, or violence to steal a vehicle directly from another person. Similar to armed robbery and home invasion, it is a first-degree felony, and the penalties are higher if the offender is armed during the crime. Prosecutors often take these cases seriously due to the public safety risks they pose.
Each robbery case is distinct. As former state prosecutors, we offer insights into how these charges are filed and prosecuted, and we leverage that knowledge to craft strong, tailored defense strategies for our clients. Whether you're facing accusations of armed robbery or strong-arm robbery, our Daytona robbery attorneys are prepared to protect you from the life-altering effects of a conviction.
Potential Penalties for Robbery
If you’re facing robbery charges in Daytona Beach, it’s crucial to understand the potential penalties because the consequences are serious and can be life-altering. In Florida, robbery is a felony, and the sentencing largely depends on the specific details of the alleged crime.
Robbery charges are classified by degree, with first-degree felonies carrying the harshest penalties.
- First-degree felony robbery:
First-degree typically includes armed robbery, home invasion robbery, and carjacking. A conviction may result in up to 30 years in prison.
However, if the offender is accused of using or carrying a firearm or deadly weapon, the sentence can escalate to life in prison under Florida’s strict firearm enhancement laws.
- Second-degree felony robbery:
Charges such as strong-armed robbery—where no weapon is used—are classified as second-degree felonies. They carry penalties of up to 15 years in prison, 15 years of probation, and fines up to $10,000.
Regardless of the degree, all robbery charges in Florida are felonies, meaning they come with long-term consequences beyond a courtroom sentence.
In addition to prison time and hefty fines, a robbery conviction can:
- Leave you with a permanent felony record, which can’t be sealed or expunged.
- Make it harder to find stable employment or housing.
- Result in the loss of your civil rights, including the right to vote or own a firearm.
The possible consequences may feel overwhelming for those unfamiliar with the criminal justice system, but you don’t have to face it alone. Our Daytona Beach robbery defense attorneys have decades of experience handling these situations. We understand the serious consequences of robbery charges and use every available resource to protect your freedom, future, and reputation.
As former prosecutors, we’ve been on the other side of the courtroom—and we use that experience to challenge the state’s case, question the strength of the evidence, and fight for outcomes that reduce or avoid prison time. When so much is at stake, the quality of your defense is crucial. Let us stand with you.
Defense Strategies for Robbery Charges
Being accused of robbery doesn’t imply guilt, and it doesn’t mean the case against you is solid. Many robbery claims fail under scrutiny when the proper defense is used. We know how to break down weak prosecution cases because we once built them ourselves.
As former state prosecutors, we see every robbery case from a unique perspective. This insight helps us predict the government’s next step and identify weaknesses in their evidence. We aim to question every assumption, verify every claim, and find the leverage needed to protect your future.
Robbery defense strategies we can explore include:
- Lack of intent or mistaken identity: Robbery requires more than just being present—it involves a clear intent to take property using force or threats. If that intent didn’t exist, or if a witness or victim misidentified you, we may be able to argue for a dismissal or reduction of charges. Eyewitness accounts are often unreliable and prone to error, especially in high-stress situations.
- Insufficient evidence or unreliable witness testimony: The prosecution must prove its case beyond a reasonable doubt. If the evidence is thin, circumstantial, or heavily reliant on questionable witnesses, we can aggressively challenge it. This approach includes cross-examining eyewitnesses, exposing inconsistencies in police reports, and suppressing any unlawfully obtained evidence.
- Alibi and surveillance evidence: If you were somewhere else at the time of the alleged robbery, we can gather documentation, video footage, or witness statements to support your alibi. Surveillance evidence can be compelling in casting doubt on the prosecution’s timeline or theory of the case.
- Self-defense or duress: In certain cases, we may argue that your actions were taken under threat, coercion, or in defense of yourself or others. Florida law recognizes these defenses under specific conditions, and we’ll help determine whether they apply to your situation.
No two robbery cases are identical, so we don’t use a one-size-fits-all defense. We create personalized strategies tailored to the situation, supported by decades of trial experience and a thorough understanding of how Florida prosecutors work.
Arrested for Robbery? Take Action Now.
Every moment matters if you’ve been arrested for robbery, or even suspect you’re under investigation. Robbery is an aggressively prosecuted crime, and the consequences of a conviction can follow you for life. Now is not the time to wait and see how things develop. You need experienced legal representation from the beginning.
At Hager & Schwartz, P.A., we bring extensive criminal law experience to every case. As former state prosecutors, we’ve sat on the other side of the courtroom and understand how the state builds its case. We now use that insight to craft targeted, strategic defenses tailored to each client’s circumstances.
Our approach is proactive and assertive. We carefully examine the facts, question weak evidence, and oppose any overreach by law enforcement. Most importantly, we won’t see you as just another case. We create a defense strategy that shows who you are, what’s at stake, and how we can protect your future.
If you or someone you care about is facing robbery charges anywhere in Volusia County, contact a Daytona Beach robbery lawyer for a free, confidential consultation.